US citizen living abroad, spouse is a permanent resident

[Nitas_man 3,100]

8 hours ago, tim626 said:

 

 

1) Are there any holes in this general strategy, or anything we should be mindful of that maybe we haven't considered?

 

2) I have a residence visa in UAE, and I also sponsored my wife for a UAE residence visa. This was the only practical option for her to be able to stay with me in UAE for any extended period of time. Could this be a problem?

 

3) We are considering purchasing an apartment in UAE, in order to save on rent while we're here, and as a long-term investment and future rental property after we eventually return to the US. Would this potentially be an issue? In order to purchase the property, I would have to open a bank account and take a mortgage in UAE. Right now my employer is paying me through my US bank, an arrangement I had specifically made to help strengthen my/our ties to the US. One thing I am considering is asking my employer to split up my salary - send some to my US bank and some to a UAE bank. 

 

Thank you to whoever takes the time to read and reply!

 

Cheers,

Tim

Please view my answers from the standpoint of recently applied / received SB1 from almost 4 years working in the ME. So our ties and her status was scrutinized and subjected to formal ruling.

 

The answers to your questions:

 

1.  Not in our experience.  I think you have it covered

2.  In our experience if she is sponsored on your iqama and is not working, etc this is not an issue

3.  In our experience the arrangement with the bank and (zero) assets, not even a bank account, were helpful in proof of intent to maintain ties.  I would not purchase property

 

How we differ:  My wife doesn't care about US citizenship.  She already accrued 27 months of continuous residence before we left.

We left May, 2014 holding a travel document, returned July, 2015, entered with no problem.  Haven't been back since.  Travel document expired Feb, 2016.

 

SB1 or re-filing I130 were our options to return.  Applied for SB1 to return in the spring and she was ruled, based on her status on my iqama, as returning resident.   We maintained ties just as you are doing and have no assets in KSA, everything is in the US.

 

Advice:

 

ROC:  When your wife returns and files, make sure she doesn't leave until her biometrics clear.  Cost us a green card in 2010 to apply for ROC, do biometrics, leave, then get hit with "failed fingerprints" and a new appointment.  Didn't feel like going back, so we dumped the green card and re-filed a new petition for a new one in 2011 to return in 2012.

Travel document:  Since her travel document expires and she is filing for ROC at the same time, there might be an issue with travel document renewal.  We don't care one way or the other about the green card because worst case is just file for a new one.  ROC however is going to be tricky for you guys.  Plan for her to spend a LOT of time in the US until lifting conditions is taken care of.  Short trips aren't an issue, but keep it well under 6 months.

I know it's tempting to buy an apt in Dubai or Abu Dhabi, but I would not.  Lack of discernable ties during our interviews (employer renting us a house, deducting it from salary) SEEMED to be just as important as maintaining strong ties in the US.

 

Just my two cents.  Either way your wife can enter and exit freely on a travel document as there is an automatic de facto presumption that applying for one before you leave shows intent not to abandon residency.  Best action we ever took. 

 

Additional note:  Your tax issue only matters for the 330 days from the day you left the US until you accrue a full tax year.  If you are still holding an iqama on Dec 31, 2018 (a full tax year) then the time spent in the US from July, 2018 to the end of the year and any subsequent time falls under "bonafide resident".  So keep it under 34 days until next July (or the anniversary of your leave date) and until the end of December then you can visit the US all you want without worrying about how much time you spent there.

1 hour ago, Ontarkie said:

~~Non conductive post removed. Stick to answering the OP or do not post.~~

Sorry

Edited November 28, 2017 by Nitas_man

[Nitas_man 3,100]

7 hours ago, NigeriaorBust said:

  If your wife is a resident there she is not a resident in the US.  You reside in one place , the other you are visiting.   You may want to consider giving up the green card and  filing for a new one when you get done over there

Regretfully this is inaccurate

[Nitas_man 3,100]

7 hours ago, geowrian said:

The continuous residence requirement may be an issue for naturalization. Having a reentry permit + foreign spouse + foreign residence visa + spending roughly half the time outside the US may be deemed as having broken continuous residence.

 

Note that this is separate from being re-admitted to the US. The CBP officer permitted her entry last time, but it's never a guarentee. The reentry permit only covers abandonment of residency purely based on the time spent abroad. If the officer thinks residency was abandoned due to other reasons (see above), then they can refer her to an immigration judge to revoke LPR status. Personally, I think this is pretty unlikely with only ~6 months out of the US per year and maintaining the US ties like you have stated, but it's not impossible.

Agree.  Other factors like a real address and current drivers license and car insurance card and medical insurance card normalize the entry a lot more than a green card, travel document, and a bunch of papers in Arabic or some other language. 

We generally highlight the first and leave the rest in the back of the wallet.  The passport visa for KSA (my wife's) clearly states "not allowed to work" so it never flags any interest like pulling out an Iqama would.

[Nitas_man 3,100]

7 hours ago, tim626 said:

 

It sounds like getting the residence visa might not have been a good idea.

 

Right now her schedule for 2018 looks something like this:

 

Early January: US to UAE

Late March: UAE to US

Early April: file application for removal of conditions

July: Re-entry permit expires and baby due

Late August/Early September: US to UAE with baby

 

Now I'm thinking maybe we can cancel her UAE residence visa when she goes back to the US in March (i.e. before the re-entry permit expires and before we apply for removal of conditions).

 

She can come to UAE on a 90-day tourist visa in August/September, then head back to the US after the 90 days are up (around November). Stay in US for ~2 months, then come back to UAE on another 90-day tourist visa from January-April 2019. Then back to US and apply for citizenship in July. With this schedule she will have been in the US for about ~22 out of 36 months since her first arrival in July 2016.

 

Granted it's a pretty hectic schedule, especially with a small infant. I'm just trying to brainstorm how to make this work.

 

As for buying the property in UAE...I'm not sure. Right now our US address is my father's house. Our long-term plan is to continue to live with my father, and ultimately purchase the house from him, which will help fund his retirement. Maybe we can do this sooner rather than later so the house will be in our name, and thus strengthen our ties further...

The residence visa won't make a difference one way or the other.

 

Your schedule should work.  NOTE:  The two of you need to be physically present to get the baby a passport so you'll be in the US awhile. 

 

The "infant row" on Emirates rocks.  We used to take the Dubai to Houston flight and our kiddo would sleep in the crib about 10 of the 15-16 hours it takes to get there.

[tim626 0]

Thank you Nitas_man for the very helpful info!

[mmsk 9]

My advice/ my own opinion:

•First, it is good that she has a re entry permit. This will basically maintain  her green card status.

•Naturalization may be difficult since she will break the continuous residence requirement Even if she will meet the physical presence requirement.

•  If you will stay longer in UAE, she must come back to US to renew her re entry permit. 

• When you finally come back to US, she will resume her physical presence and continous residence requirements. Also, she may be eligible for 2 years and 1 day rule for naturalization

• Regarding removing her condition, i dont know how it works in your situation

• I dont think that purchasing a property will create any issue especially if it is under your name( US spouse).

• Asking an attorney for advice is worth in your case.

Edited November 28, 2017 by mmsk